The case is back before the High Court
Evidence given to the High Court by some members of the Quinn family about assets and bank accounts was “incredible, not complete, implausible and conflicting”, the High Court has heard.
Lawyers for IBRC have said the court must now assess if adequate disclosure had been made and consider if further orders are necessary.
Shane Murphy for IBRC said evidence about huge sums withdrawn from Russian bank accounts was “completely unbelievable”.
Evidence that they had no documents to prove huge cash withdrawals were used for legal fees was “inexplicable”, he said.
Mr Murphy is making submissions for the bank in an application before the High Court concerning disclosure by members of the Quinn family about alleged asset-stripping of the International Property Group of companies.
Members of the Quinn family were cross-examined for five days in January about their disclosure of assets and bank accounts.
Mr Murphy said evidence was given that huge sums of cash withdrawn in Ireland were used for legal fees, yet no bills or receipts could be accessed.
He said the “shutters had come down” with regard to the money trail and a confusing picture had emerged about what the money was used for.
Orders could be made directing Aoife Quinn to have a laptop forensically examined to retrieve deleted emails.
He said the “policy of deletion” outlined by the Quinns illustrated that full disclosure had not been made.
A number of striking features had emerged in evidence, he said, including the fact that none of the Quinns appeared to have copies of employment contracts or evidence of job descriptions, despite receiving large sums from Russian companies.
Salaries received by some of the Quinns from IPG companies were significantly larger than the Russian employees, often tenfold, illustrating that Seán Quinn Jnr played a major managerial and controlling role and not one of middle management as he had purported, he said.
There had been a lack of disclosure about the role some of the Quinns played in IPG companies, Mr Murphy said.
Documents existed that would show a level of control and leadership by Mr Quinn Jnr, Aoife Quinn and Stephen Kelly, he said.
IBRC has alleged widespread asset-stripping of Quinn companies.
The Quinns deny full disclosure has not been made.
Counsel for the Quinns, Martin Hayden SC, said the court would have to decide what exactly the order for disclosure was.
He said they were not seeking to avoid court orders or to be technical to avoid an obligation.
However, the process of disclosure differed from discovery, he said.
Disclosure orders did not go beyond the requirement of disclosing documents in the possession of a defendant, he said.
Discovery was a much broader concept, while disclosure was narrow.
The current orders being sought by the bank amounted to it seeking an “evidentiary trail to support its argument in the main action”.
Mr Hayden said it could not be a game of trial by ambush.
IBRC’s application for further disclosure orders was entirely artificial in relation to the Quinn IPG groups as the bank had already appointed a receiver over those companies and would already have the information.
Mr Justice Peter Kelly will give his judgment at a later date.
The husband of the late Savita Halappanavar wants employees of Galway University Hospital removed from the inquiry established by the Health Service Executive into her death.
Praveen Halappanavar said last night he would request through his solicitor that Prof John J Morrison, a consultant in obstetrics and gynaecology; Dr Catherine Fleming, consultant in infectious diseases; and Dr Brian Harte, consultant in anaesthesia and intensive care at the hospital, be removed from the inquiry.
The HSE announced details of the membership of the inquiry team at a press conference in Dublin yesterday.
Ms Halappanavar died at the Galway hospital on October 28th of septicaemia seven days after she presented with back pain. She had been 17 weeks pregnant and her husband says she asked repeatedly for a termination over a three-day period but was refused as there was a foetal heartbeat present.
Mr Halappanavar arrived back in Ireland from India on Sunday and met his solicitor in Galway yesterday to discuss the draft terms of reference for the independent inquiry.
Asked what he wanted from the inquiry, he said: “The truth to come out. As long as it is a fully independent inquiry so that the truth will come out. It does bother me that there are people from Galway hospital on the inquiry. I would prefer no Galway people on the inquiry. I will basically request that there be no-one from Galway on it.”
The inquiry team has seven members. Its chairman, Prof Sir Sabaratnam Arulkumaran, head of obstetrics and gynaecology at St George’s Hospital, University of London, said it was important to have representatives from Galway University Hospital on it to allow the panel to compare the guidelines in use there with the national and international guidelines.
He said the three consultants from Galway on the inquiry team had not been involved in the care of Ms Halappanavar.
“The main reason to have internal people involved is not for them to give specific directions but to find out about their standard practice,” he said.
The HSE said the inquiry would seek to establish the facts surrounding the death of Ms Halappanavar, to identify any contributory factors, draw conclusions and make recommendations. It said Galway University Hospital had committed to co-operating fully.
Mr Halappanavar also said there were five members of medical staff, as well as a family friend, present in the room with him and Savita when they were told on Tuesday, October 23rd that she could not have a termination of the pregnancy she was miscarrying because “this is a Catholic country”.
Mr Halappanavar also said he believed no inquiry would have been established if his wife’s death had not been brought to public attention.
“I was in India for nearly two weeks and I never heard from the hospital . . . So I had to see people became aware . . . I don’t think there would be any inquiry if there was not the public pressure. I think there would have been an inquest and no one would have known this happened. It is a pity because I thought Ireland would care more for someone so young who died. That let me down. I was not happy about that.”
Asked whether Ms Halappanavar’s parents would come to Ireland for the inquiry or inquest, he said if her father was not “convinced with the investigation” he was “very keen to come over”.
“The law has to change. Maybe Savita was born to change the laws here.”
Did you ever wonder where this money goes?
Most of the money goes to German banks, in particular, the German Bundesbank, who recklessly lent to Irish Banks with Anglo Irish leading the pack of borrowers. Among the foremost stockholders of the Bundesbank are The Rothschild’s and the Warburg’s two of the richest and most powerful families in the world.
So now, you know some of the beneficiaries of austerity measures in Ireland .
Both families have been prominent in the Bilderberg group. This group meet annually and is invitation only. Most of the guests are people of influence (Money).
Journalist Caroline Moorehead in a 1977 article critical of the Bilderberg group’s membership, quoted an unnamed member of the group: “No invitations go out to representatives of the developing countries. ‘Otherwise you simply turn us into a mini-United-Nation,’ said one person. And, ‘we are looking for like-thinking people and compatible people.
Members of the Bilderberg control of most of the world’s resources and financial institutions.